High CourtsSingle Bench(2022) 08 KL CK 0090

Rizwan S/o Abdul Razak vs B.A Sub Inspector Of Police, Bekkal Police Station, Kasargod District, Pin 671318

High Court Of Kerala · Decided on 10 August 2022

HON’BLE JUDGES
N.Nagaresh, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 22426 Of 2022

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Judgment

7 paragraphs · 301 words

N.Nagaresh, J

1.

The petitioner, whose vehicle has been seized by the 1st respondent on the allegation of illegal transportation of beach sand, is before this Court seeking to direct the 1st respondent to report the seizure regarding the vehicle of the petitioner to the 2nd respondent within a reasonable period.

2.

The petitioner states that the vehicle bearing Registration No.KL-54-7130 was seized by the 1st respondent-Sub Inspector of Police alleging that the vehicle has been transporting beach sand illegally. The petitioner states that a Mahazar was also prepared in connection with the seizure. However, the 1st respondent has not reported the seizure to the higher authorities. The petitioner states that the 1st respondent is bound to report the seizure to the 2nd respondent, the failure of which disables the petitioner from seeking interim custody of the vehicle.

3.

The Government Pleader entered appearance on behalf of the respondents and resisted the writ petition. The Government Pleader denied all the allegations made by the petitioner in the writ petition. On instructions, the Government Pleader submitted that a sample of sand recovered from the vehicle has been forwarded for chemical examination.

4.

I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

5.

The Government Pleader submits that the seizure has already been reported to the Revenue Divisional Officer, Kanjangad. In view of the above, the petitioner can very well approach the 2nd  respondent seeking interim custody of the vehicle.

In the circumstances, the writ petition is disposed of permitting the petitioner to approach the 2nd respondent seeking interim custody of the vehicle. If the petitioner makes such an application, the 2nd respondent shall consider the same and pass appropriate orders within one month from the date of receipt of a copy of this judgment.